HomeMy WebLinkAboutR-02-0365J-02-190
3/11/02
RESOLUTION NO. 02- 365
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
CHRISTOPHER MICHAELS, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $50,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE
CASE CHRISTOPHER MICHAELS VS. CITY OF MIAMI,
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 01-3358 CA (01), UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.653.
WHEREAS, Christopher Michaels, filed a claim and lawsuit
against the City of Miami, in the Circuit Court of the Eleventh
Judicial District, Case No. 01-3358 CA (01), in Miami, Miami -Dade
County, Florida; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Division of Risk Management pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
CITY C(?mON
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APP 1 1 2002
Bsaaiurion NO.
02- 365
City of Miami's Self -Insurance and Insurance Trust Fund and said
Offices recommend that said claim and lawsuit be settled for the
sum of $50,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
Christopher Michaels, without admission of liability, the sum of
$50,000 in full and complete settlement of any and all claims and
demands against the City of Miami, for the case Christopher
Michaels vs. City of Miami, in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case
No. 01-3358 CA (01), upon the execution of a general release
releasing the City of Miami, its present and former officers,
agents and employees from any and all claims and demands, with
funds allocated from the Self -Insurance and Insurance Trust Fund,
Index Code No. 515001.624401.6.653.
Page 2 of 3 02— 365
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor"
PASSED AND ADOPTED this 11th
ATTEST:
f—RfSCILLA A. T'HOMPSAONX���
CITY CLERK
FAURK i X
ZANZ VILARELLO
TY ATTORNEY
W6041:mmd:RSO:LB:BSS
day of April , 2002.
AND CORRECTNESS:t/
MANUEL A. DIAZ, MAYOR
ii If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3
02- 365
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
C,
MAR 1'1
MqK MANAGEMENT
041%%k MEMORANDUM
TO: , Director, Department of Management and Budget
R. Sue Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney�J
DATE: March 12, 2002
RE: Financial review and approval for payment of settlement
Proposed Resolution — City Commission Meeting of April 11, 2002
Christopher Michaels vs. City of Miami, et al.
Eleventh Judicial Circuit Court Case No.: 01-3358 CA (O1)
Claim No.: 011/V/00-70 (J-02-190)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
April 11, 2002, requesting payment of a settlement in the amount of $50,000 in the case of
Christopher Michaels vs. City of Miami, et al., Eleventh Judicial Circuit Case No. No.: 01-3358
CA (01). Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.653.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF MANAGEMENT
AND BUDGET•
•
R. SUE WELLER h h *4.
ACTING ADMINISTRATOR A&VONDIRECTOR
W688:LB:BSS
02- 365
.4-2
CITY MIAMI
CITY ATTOORNEY'S OFFICE CA=17
MEMORANDUM
TO: Mayor and Members of t1V
FROM: Alejandro Vi
DATE: March 25,
RE: Proposed S
Commission Agenda -April 11, 2002
Case No.: 01-3358 CA (01)
Claim No. 011/V/00-70
(J-02-190)
This is an action for damages resulting from a motor vehicle accident that occurred on
December 21, 1999, at NW 36`h Street and NW 27th Avenue. The Plaintiff, Christopher
Michaels, was a passenger on a Metro bus (Miami Dade County) that was struck from behind by
a City of Miami trash truck while stopped at a light. The right rear portion of the truck struck the
left rear portion of the bus.
The Plaintiff herniated the disk in his lower back and tore a medial meniscus in his right
knee. He incurred approximately $30,000 in medical expenses and has undergone knee surgery.
The Plaintiff will likely require a second arthroscopy within five years.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami, without admission of liability, in the amount of $50,000, payable to
Christopher Michaels. The City Attorney's Office and the Risk Management Division have
investigated and evaluated this case and have approved the recommendation of this settlement.
Funds in the amount of $50,000 will be allocated from the Self -Insurance and Insurance Trust
Fund, Index Code No. 515001.624401.6.653.
AV/RSO/md:BSS:LB
Attachment
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
MICHAELS\W007MemoToCommission
02- 365'
- MAR 12
26 -VI,
I�
CITY OF MIAMI
CITY ATTORNEY'S OFFICERISK MANAGEMENT
MAa OA& MEMORANDUM _
TO: A----; Director, Department of Management and Budget
R. Sue Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorneyl%
DATE: March 12, 2002
RE: Financial review and approval for payment of settlement
Proposed Resolution — City Commission Meeting of April 11, 2002
Christopher Michaels vs. City of Miami, et al.
Eleventh Judicial Circuit Court Case No.: 01-3358 CA (01)
Claim No.: 011NIOO-70 (J-02-190)
Attached is a copy of a Resolution scheduled for the City Commission Agenda of
April 11, 2002, requesting payment of a settlement in the amount of $50,000 in the case of
Christopher Michaels vs. City of Miami, et al., Eleventh Judicial Circuit Case No. No.: 01-3358
CA (01). Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.653.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Beverly Solomon, Administrative Assistant H, of this office as soon as
possible.
REVIEW AND APPROVAL:, BY THE REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF MANAGEMENT
AND BUDGET-
. t�c.crz -- k
z
R. SUE WELLER w1s. h h
ACTING ADMINISTRATOR ^&*"*DIRECTOR
W688:LB:BSS
_ _...�.. ?�. MOM'.
02- 365